Taylor v Rive Droite Music Ltd [2005] EWCA Civ 1300 (04 November 2005)

Taylor v Rive Droite Music Ltd [2005] EWCA Civ 1300 (04 November 2005)

The Court held that the 1998 publishing agreement was for a term of two years, not three, based on the direct reference to duration in clause 4(a)(i) and the structure of previous agreements. The Court found Mr Taylor infringed RDM's copyright in the Iglesias songs as copyright vested in RDM under Mr Barry's agreement, and rejected the defence of implied consent. Injunctive relief was refused as the judge found no basis for ongoing risk of infringement. The Court also addressed implied terms and unlawful interference with goods, upholding the trial judge's findings.

Citation
[2005] EWCA Civ 1300
Parties
Claimant/respondent: Mark Taylor; Defendant/appellant: Rive Droite Music Limited
Jurisdiction
England and Wales
Judgment Date
04 November 2005
Procedural Posture
Appeal / Court of Appeal Judgment Following High Court Trial
Outcome
Appeal allowed in part; cross-appeal dismissed in part; declarations and orders varied.
Legal Topics
Contract Interpretation, Copyright Infringement, Rectification, Implied Terms, Injunctions, Damages, Costs
Contract Law Intellectual Property Law Contract Interpretation Copyright Infringement Rectification Implied Terms Injunctions Damages +1 more

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Parties

Mark Taylor

Claimant/respondent

Rive Droite Music Limited

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment Following High Court Trial

Legal Issues

  1. 1 Whether the 1998 publishing agreement was for a term of two years or three years
  2. 2 Whether Mr Taylor infringed RDM's copyright in the versions of 'Hero' and 'Love to See You Cry' as they existed on 1 December 2000
  3. 3 Whether RDM is entitled to an injunction to restrain further breaches of copyright

Ratio Decidendi

The Court held that the 1998 publishing agreement was for a term of two years, not three, based on the direct reference to duration in clause 4(a)(i) and the structure of previous agreements. The Court found Mr Taylor infringed RDM's copyright in the Iglesias songs as copyright vested in RDM under Mr Barry's agreement, and rejected the defence of implied consent. Injunctive relief was refused as the judge found no basis for ongoing risk of infringement. The Court also addressed implied terms and unlawful interference with goods, upholding the trial judge's findings.

Court Disposition

Appeal allowed in part; cross-appeal dismissed in part; declarations and orders varied.

Orders

  • Declaration that the 1998 publishing agreement was for a term of two years expiring on 30 November 2000
  • Declaration of copyright infringement in respect of the Iglesias songs